PENALTIES AND SENTENCES ACT 1992 - SECT 161I Amendment of certificate by court to include related offence for which offender is sentenced later

PENALTIES AND SENTENCES ACT 1992 - SECT 161I

161I Amendment of certificate by court to include related offence for which offender is sentenced later

(1) This section applies if—

(a) a court is imposing a sentence on an offender for a serious drug offence (the
"later offence" ); and

(b) a serious drug offence certificate has already been issued by a court for a serious drug offence (the
"earlier offence" ) of which the person is convicted; and

(c) the court is satisfied on the balance of probabilities the later offence would be a related offence in relation to the earlier offence if the offender had been sentenced for both offences at the same time.

(2) The later offence is taken to be a related offence in relation to the earlier offence and any other related offences for which a serious drug offence certificate was not issued under section 161G (3) .

(3) The court must amend the serious drug offence certificate issued for the earlier offence—

(a) if the later offence is the most serious related offence—so the certificate is issued for the later offence and to list the earlier offence as a related offence for which a serious drug offence certificate is not issued under subsection (2) ; or

(b) otherwise—to list the later offence as a related offence for which a serious drug offence certificate is not issued under subsection (2) .

(4) The court must hear any submission made by the offender or an authorised officer about whether the later offence is a related offence and how the serious drug offence certificate should be amended.